Court Adjourns Falana vs. VeryDarkMan Defamation Case to Jan. 23

• Nov 14, 2024

An Ikeja High Court has set January 23, 2025, to hear the defamation case filed by Femi Falana (SAN) and his son, Folarin Falana (also known as Falz), against controversial online activist Vincent Otse, popularly known as VeryDarkMan (VDM). The suit stems from allegations of defamation following a video posted by VDM on September 24, 2024.

During the court session, Mr. Muiz Banire (SAN), counsel for the Falana family, informed Justice Matthias Dawodu that the claimants had filed the originating process and served it to all parties involved. However, the judge noted that the originating process was not officially before the court. Banire requested an adjournment to allow for the filing of necessary administrative processes.

Banire explained, “My lord, the best course of action is to adjourn the matter so we can properly file all administrative processes through the registry.”

On the other hand, VDM's counsel, Mr. Marvin Omorogbe, argued that there was no valid writ of summons before the court. Omorogbe claimed that the writ bore the same suit number as the preemptive remedy proceedings, which, according to him, invalidated the filing.

“Preemptive remedy proceedings end once an injunction is granted or denied,” Omorogbe stated. “A new writ with a fresh suit number should have been filed instead of continuing under the same suit number.” He also requested a date to present a preliminary objection against the case.

Justice Dawodu acknowledged the concerns and struck out a related motion dated October 18, following no objections from the claimants' counsel. Dawodu emphasized the importance of having a valid writ of summons before proceeding with the case.

The court also adjourned a similar case involving Falz and VDM, citing the same procedural grounds. Earlier, on October 14, the court ordered VDM to remove a video deemed defamatory by the Falanas. The video included an unverified audio recording from a crossdresser, Bobrisky, accusing the Falanas of perverting justice.

The court made the order in response to an ex parte application filed by the Falanas. The January hearing will focus on preliminary objections and procedural issues surrounding the lawsuit.

Both cases underscore the growing scrutiny over online defamation and the importance of procedural correctness in legal disputes.